GEORGE WOODSON and FLORA WOODSON v. MEG CAPITAL MANAGEMENT, INC., ET AL.
Court: TN Court of Appeals

Attorneys:

Stephen C. Barton, Edd Peyton, LaKeisha Sisco-Beck, Memphis, Tennessee, for the appellants, George Woodson and Flora Woodson

Stephen C. Barton, Edd Peyton, LaKeisha Sisco-Beck, Memphis, Tennessee, for the appellants, George Woodson and Flora Woodson

Judge: HIGHERS

Plaintiff was seriously injured during a dog attack by his neighbors’ two dogs. Plaintiff sued, among others, the neighbors’ landlord and an employee of the landlord. The trial court granted summary judgment to the defendants, determining that although the defendants retained sufficient control over the leased property, they lacked notice or knowledge of the dogs’ vicious propensities. We find a question of fact exists regarding defendants’ notice or knowledge of the dogs’ vicious propensities. We affirm in part and reverse in part and we remand for further proceedings.

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RONDAL AKERS ET AL. v. PRIME SUCCESSION OF TENNESSEE, INC. ET AL.
Court: TN Supreme Court

Attorneys:

William J. Brown, Cleveland, Tennessee, for the appellants, Rondal Akers, Jr. and Lucinda Akers.

Stuart F. James, Chattanooga, Tennessee, for the appellee, T. Ray Brent Marsh.

Judge: LEE

Dr. Rondal D. Akers, Jr. and Lucinda Akers sued T. Ray Brent Marsh for the alleged mishandling of their deceased son’s body, which had been sent to Mr. Marsh’s crematorium for cremation. Following a jury verdict for the Akerses, the trial court entered judgment against Mr. Marsh based on the intentional infliction of emotional distress claim but granted his motion for a judgment notwithstanding the verdict on the Akerses’ Tennessee Consumer Protection Act (“TCPA”) and bailment claims. The Court of Appeals affirmed. We hold the trial court did not err in (1) holding Mr. Marsh liable for intentional infliction of emotional distress in the amount of the jury verdict; (2) instructing the jury that they were permitted to draw a negative inference resulting from Mr. Marsh’s invocation of his Fifth Amendment privilege during questioning; and (3) dismissing the TCPA and bailment claims. The judgments of the trial court and the Court of Appeals are affirmed.

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Dear TBA Tort & Insurance Law Section Member:

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AMANDA SMITH v. WILLIAM R. WALKER ET AL.
Court: TN Court of Appeals

Attorneys:

Floyd Don Davis and Norris Arthur Kessler, III, Winchester, Tennessee, for the appellant, Amanda Smith.

S. Todd Bobo, Shelbyville, Tennessee, for the appellee, William R. Walker.

Gerald L. Ewell, Jr., Tullahoma, Tennessee, for the appellee, Jimmy F. Maloy.

Judge: BENNETT

In this negligence action, the jury awarded the plaintiff a verdict against one of the two defendants. We find no error in the judgment regarding liability, but we must vacate and remand as to damages because the trial court erred in excluding testimony and evidence regarding the plaintiff’s medical expenses.
 

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TRACI JONES v. BERNICE JONES ET AL.
Court: TN Court of Appeals

Attorneys:

Mark Mizell, Nashville, Tennessee, for the appellant, Traci Jones.

Bruce Timothy Pirtle, McMinnville, Tennessee, for the appellees, Bernice Jones, Cynthia Gribble, and Jimmie Gribble.

Judge: BENNETT

This matter arose from a car accident between Traci Jones and Bernice Jones. At trial, the jury found Bernice Jones 100% at fault and awarded Traci Jones a portion of her requested relief. On appeal, Traci Jones argues that the trial court erred by reversing its pre-trial ruling on a motion in limine, denying her motion for mistrial, and denying her motion for directed verdict. We affirm the trial court’s decision.

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